Vietnam Trade Mark Opposition and the 2022 IP Law Reforms

For years, challenging a problematic trade mark application in Vietnam meant relying largely on third-party observations: an interested party could write to the office and flag a conflicting or bad-faith filing, but there was no formal, structured opposition procedure of the kind familiar in many other jurisdictions. The 2022 amendments to Vietnam's Law on Intellectual Property, in force from 1 January 2023, changed that by introducing a formal opposition route with defined windows and outcomes, and the implementing detail bedded in over the course of 2023. For brand owners watching the register, this is a meaningful upgrade, and it sits alongside Vietnam's enduring first-to-file character, which keeps early filing at the centre of any sensible strategy.

This guide explains how the opposition procedure works in outline, why the reform matters for owners facing squatted or conflicting applications, and why filing early remains the stronger move. It stays deliberately conservative on procedural detail, because the practice around the new opposition route is still settling and the exact windows and requirements should be confirmed against the current rules of the Intellectual Property Office of Viet Nam (commonly referred to as IP Viet Nam; the office was formerly the National Office of Intellectual Property, or NOIP, and is also seen written as VNIPO). For the wider picture, see our overview of trade marks in Vietnam and the step-by-step guide to registering a trade mark in Vietnam.

From third-party observations to formal opposition

Before the 2022 amendments, the main way a third party could try to influence the examination of a pending mark was by submitting observations to the office. Observations are useful, but they are essentially an input to the examiner rather than a structured proceeding with its own rights, windows and outcomes. There was no separate formal opposition track that an interested party could invoke as of right and have decided on defined terms.

The amended IP Law introduced exactly that: a dedicated formal opposition procedure that runs against published applications, distinct from the long-standing third-party observation route. In broad terms, once an application has been published, an interested party can file an opposition within a set window, on grounds that typically include conflict with earlier rights and bad-faith filing, and the office considers the opposition as part of reaching its decision on the application. Third-party observations continue to exist as a separate, lighter mechanism rather than being abolished, so owners now have two distinct tools rather than one. The precise length of the opposition window, the evidential requirements and how the opposition feeds into examination are the kind of version-specific detail that is still bedding in, so confirm the current windows and practice with IP Viet Nam or local counsel before relying on them.

Why a formal route helps brand owners

For a foreign brand owner, the practical value of a formal opposition procedure is predictability. Because Vietnam is first-to-file, rights generally follow registration rather than prior use elsewhere, which is the same structural feature that enables trade mark squatting across first-to-file markets. The dynamics will be familiar to anyone who has dealt with bad-faith squatting in Indonesia or trade mark squatting in China: a third party, sometimes an opportunist and sometimes a former distributor or sourcing partner, files a brand before the genuine owner registers it locally.

A formal opposition gives the genuine owner a defined point at which to intervene against such a filing, on stated grounds, rather than hoping an observation lands with the examiner. It is generally a faster and cheaper point to act than waiting for registration and then pursuing cancellation. That said, an opposition is only as strong as the grounds and evidence behind it, so documenting prior use, reputation, any relationship with the applicant, and any pattern of speculative filing all matter. Active monitoring of the register is what makes opposition usable at all, because the window can be missed if no one is watching.

First-to-file still comes first

The opposition reform is a genuine improvement, but it does not change the underlying logic of the system. Vietnam remains first-to-file, and the safest position is still to file before anyone else does rather than to rely on undoing or blocking someone else's application afterwards. Opposition, like cancellation, is a remedy, and remedies take time, cost money and turn on the facts. Filing early and broadly, including any local-language or phonetic variants that matter for your business, remains the strongest protection.

Proceedings in Vietnam are conducted in Vietnamese through a licensed local representative, so coverage planning and any opposition strategy are best handled with a Vietnamese IP professional. There is also a route choice to weigh: you can file directly with IP Viet Nam through a local agent, or designate Vietnam through the international system under the Madrid Protocol. Vietnam's Madrid membership is long-settled, so the route is available; confirm the current designation and local-representative requirements with WIPO or local counsel. Official fees apply at filing and at opposition; confirm the current amounts with IP Viet Nam or local counsel.

Why local counsel matters here

The opposition procedure is new enough that practice around it is still developing, which is precisely the situation in which version-specific detail goes stale fastest. Whether an opposition is available on your facts, how strong the grounds are, what the current window is, and how the office is handling these proceedings in practice are all questions best answered against the live position rather than a static guide. The judgement about whether to oppose, observe, or wait and seek cancellation, and how to evidence each, is exactly where local expertise earns its keep.

IPEnvoy is not a law firm and does not provide legal advice; this is general information. Confirm the current position with IP Viet Nam's official website and a qualified local IP professional before acting. IPEnvoy can connect you with vetted local IP firms for that purpose.